City Council meeting

The regular meeting of the Nixa City Council was called to order by Mayor Brian Steele. Attending was Council Members Shawn Lucas, Justin Orf, Aron Peterson, Darlene Graham and Amy Hoogstraet. Jarad Giddens was absent The pledge of allegiance was given.

Nicole Liljenquist was not in attendance. Jeff Belcher, 203 S. Ellen, discussed the possibility of another mandate coming into place. Belcher addressed the cancellation of National Night Out due to COVID. Belcher discussed the summation Hoogstraet provides after each Council meeting and feels he directed no hostility towards Hoogstraet as she had stated. Belcher played a segment from the previous meeting. Mayor Steele replied to Belcher’s comments, and Hoogstraet did as well. Chamber of Commerce Director, Chris Russell, announced the new Experience Nixa app. This is a communication tool to support Chamber members and Nixa. This is a great way to communicate with the community. The goal was to have it ready before the new teacher’s luncheon and that goal has been met. This will also be beneficial for events held in Nixa to keep the community apprised of what is going and when and where. The community will have the opportunity to submit their events. Ron Sanders, 976 Glen Oaks Dr., discussed rational thought. Sanders reflected the practice of natural immunity and now is no longer considered part of herd immunity. How can that be rational without understanding why that decision was made. People will regret the irrational thoughts and decisions of the past year, but it may be too late.

Ryan Owens from Enterprise Fleet explained the lease program to Council. Staff has explored the option of a lease program with Enterprise Fleet Management instead of purchasing vehicles. The lease program will provide the opportunity to replace the City’s aging vehicles, lower maintenance and repair costs and add long-term savings for the City. This option was researched for the Police Department and Public Work’s vehicles. Realizing the potential savings Owens was asked to provide this information to Council about expanding the program to include other departments. Liles added staff is looking for direction from Council due to the time of year as budget discussions are being held. Mayor Steele directed staff to proceed with the lease program option for the City.

Council Bill #2021-081

Establishing and Levying Taxes on Real Property in the City for the 2021 Tax Year was presented. Assistant City Administrator/City Clerk Cindy Robbins reviewed the yearly real estate tax levy. In order to set the tax levy, the City is required to post a legal notice of levy hearing, hold a public hearing and pass an ordinance authorizing the levy. The deadline for final certification by the County Clerk is August 31, 2021. The anticipated rate will be provided by the Missouri State Auditor’s office later this month, last year’s rate was 0.3246. If the proforma from the State Auditor’s Office indicates a different tax levy from last year, an amendment to the ordinance will be presented at the second ordinance reading on August 23, 2021. If approved the ordinance and required documents will be submitted to the Christian County Clerk’s office. Mayor Steele opened the public hearing for comments, no comments were made, and the public hearing was closed.

Council Bill #2021-082

Amending the 2021 Annual Budget to Appropriate Funding for Enterprise Resource Planning Consultation Services was presented. Finance Director Jennifer Evans explained the budget amendment for funding for a new ERP (Enterprise Resource Planning) consultation service. The current system has been in place for ten (10) years with ongoing issues. Staff would like to explore options that can be used in other departments. This is a large project to encounter and hiring a consultant to assist with the process is important. Baker Tilley, the City’s current Municipal Advisor offers an ERP consultation service. The cost of an ERP consultation services offered by Baker Tilly is $70,500.00 and represents anywhere from 7-8% of the estimated cost of a new ERP system. The needs analysis, RFP creation and vendor selection process will likely take up to five (5) to six (6) months to complete so the cost of the ERP system itself will be proposed in the 2022 budget. Staff recommends approval of the budget amendment to appropriate funds as an ERP consultant. Orf asked if the current system in place caused the issues at the Utility Department, Evans stated yes. Mayor Steele opened the public hearing for comments, no comments were made, and the public hearing was closed. Mayor Steele added he has spoken to County Commissioner Phillips, and he may be interested in this program as well so there may be an opportunity to share the cost.

Council Bill #2021-083

Amending the 2021 Annual Budget to Provide Funding for the Community Center Roof Renovation Project was presented. Parks and Recreation Director Matt Crouse explained the request for a budget amendment and contract award for the community center roof. As part of the CIPs for 2021 a roof renovation and restoration for the flat roofs at the community center was included. Four (4) bids were received for the project. All the bids came in over budget with the low bid at $112,342.00. The budget for the project was allotted for $100,000.00 and will now require a budget amendment for project completion. Crouse is requesting a budget amendment in the amount of $12,342.00. The roof repair will provide ten (10) to fifteen (15) years of coverage. A resolution will be brought back at the August 23rd meeting for approval. Mayor Steele opened the public hearing for comments, no comments were made, and the hearing was closed.

Council Bill #2021-084

Approving the Preliminary Plat of the Walker Estates Subdivision Generally Located at the Southeast Corner of the Intersection of Main Street and Tracker Road and Authorizing Certain City Officials to Take Actions Upon the Filing of a Final Plat was presented. Planning and Development Director Garrett Tyson provided a summary of the developmental process to Council. The preliminary plat for the Walker Estates subdivision located at the Southeast corner of Main Street and Tracker Road with a combination of R-3 multi-family, R-1 Single Family and General Commercial zoning. The total acreage is 28.17 with plans for twenty-five (25) single family lots, two (2) multi-family lots with about ninety (90) dwelling units, one (1) general commercial and two (2) common areas. The common areas will be maintained by the association of the property owners. The lots created will be served by public utilities. The City has plans to improve and widen Main Street so rather than have the developer construct improvements an arrangement has been made with the developer to move the value of improvements to Tracker Road instead. The Tracker Road improvements will include widening to a three (3) lane to the East to the Walker Woods Subdivision. Mayor Steele opened the public hearing for comments, David Garrett with Toth and Associates 1550 E. Republic Road is available for questions. Graham voiced her concern of Mandy Lane being close to the Tracker Road stoplight. Garrett added there is a plan to modify Main Street which included dropping the hill about six (6) to ten (10) feet which will help the sight visibility. With no further questions the public hearing was closed.

Council Bill #2021-085

Approving the Preliminary Plat of the Walker Woods Subdivision Generally Located at the Northeast Corner of the Intersection of Main Street and Tracker Road and Authorizing Certain City Officials to Take Actions Upon the Filing of a Final Plat was presented. Tyson stated this is for the Walker Woods Subdivision. This is for a combination zoning of General Commercial (GC) and Single Family (SF) containing fifty-four (54) single family residential lots. Planning and Zoning Commission recommend approval of the preliminary plat presented. Mayor Steele asked if this area has plans for multifamily or just single family. Tyson added only residential land use is Single Family (SF). Mayor Steele opened the public hearing for comments, Sanders voiced his concern regarding the high traffic on Main Street and asked if there are plans to create bigger arterials into Springfield. With no further comments the public hearing was closed.

Council Bill #2021-086

Rezoning the Real Property Generally Located at the Southeast Corner of the Intersection of South Nicholas Road and West Tori Drive from Neighborhood Commercial District to R-4 Residential District was presented. Tyson explained this is a request to rezone 1.2 acres located at the intersection of South Nicholas Road and West Tori Drive from Neighborhood Commercial (NC) to R-4 Residential. R-4 zoning permits the development of residential housing at almost 5 ½ dwelling units per acre. The site has immediate access to public utilities and infrastructure to support this type of development. This type of development does require Type C broken screen to be present which is a visual obstruction between zoning districts, at this location the plan is to plant trees. Planning and Zoning Commission approved the request for rezoning. Tyson explained the procedure about notifying residents in the area concerning the rezoning. Mayor Steele opened the public hearing for comments, no comments were made, and the public hearing was closed.

Council Bill #2021-071

Accepting the bid of BuildTec Construction, Inc. for the Well House #1 Improvement Project and Authorizing the City Administrator to Execute a Contract for Same was presented. Assistant Public Works Director Travis Cossey explained the bid award and contract authorization with BuildTec Construction, Inc. for the demolition and construction for Well House #1. The well house #1 is located at 209 St. Louis St. and is in extreme disrepair. The well house contains the original 25,000-gallon ground storage tank that served the City until construction of Tower #1 on the property 1961/62. The structure has deteriorated to where the roof of the structure is being supported by the original storage tank. The contractor will be responsible for demo and removal of the existing building and storage tank along with the construction of a new well house. The new well house will be constructed to include a disinfection room to accommodate the City’s chlorine and fluoride injection programs. The construction project is identified in the 2021 CIP for $400,000.00. The City received three (3) bids ranging from $324,000.00 to $397,332.00. The low bidder, BuildTec Construction provided a bid that was under the budgeted amount. Staff recommends awarding the contract to BuildTec Construction to authorize demo and construction of a new well house at Well #1. Mayor Steele opened the public hearing for comments, no comments were made, and the public hearing was closed. Mayor Steele called for a motion to approve, and all Council members voted aye. Lucas made a motion to approve Council Bill #2021-071 with Hoogstraet seconding and Orf, Peterson, Graham, Hoogstraet and Lucas voting aye on roll call vote.

Council Bill #2021-073

Calling for Special Election on November 2, 2021, to Submit to the Qualified Voters of the City the Question of Whether to Recall Mayor Brian Steele, Authorizing the City Clerk to Do All Things Necessary or Convenient to Submit Said Question; and Amending the 2021 Annual Budget to Provide Funding for Said Special Election was presented. Robbins explained the final reading of Council Bill #2021-073 for an election to recall Mayor Brian Steele. In addition, the ordinance includes a request for a budget amendment of $15,000.00 for anticipated costs for the election. The amount requested is based on the election from April 2021. If the costs exceed the requested $15,000.00 another budget amendment will be requested to cover the costs. If the ordinance is approved, Robbins will send the ballot information to Christian County because the certification deadline for the November election is August 24, 2021. Mayor Steele asked if there are funds budgeted for the ballot initiative. Liles stated it would be an educational campaign for the public to inform them of the ballot initiative and that can be done via social media. Public Information Officer Drew Douglas explained he has budgeted $1,000.00 that can be used for printing or purchasing Facebook ads to assist in educating the public. Mayor Steele opened the public hearing for comments, no comments were made, and the public hearing was closed. Mayor Steele called for a motion to approve, and all Council members voted aye. Orf made a motion to approve Council Bill #2021-073 with Peterson seconding and Peterson, Graham, Hoogstraet, Lucas and Orf voting aye on roll call vote.

Council Bill #2021-074

Amending the 2021 Annual Budget to Appropriate Funding for Fence Portion of the City’s Dog Park Project was presented. Crouse reviewed the request for a budget amendment for funds needed to complete the fencing at the dog park. During the 2021 budget preparations the carry over funds had been allocated for the dog park creations were left off. These are funds needed to complete the fencing at the dog park. Four (4) quotes were received for the project and a requested budget amendment in the amount of $45,925.00 to award Diamond Fence, LLC. with this project. Mayor Steele asked for a proposed date to open, Crouse stated it could be September or October, and weather could play a part in delays. Mayor Steele opened the public hearing for comments, no comments were made the public hearing was closed. Mayor Steele called for a motion to approve, and all Council members voted aye. Lucas made a motion to approve Council Bill #2021-074 with Graham seconding and Hoogstraet, Lucas, Orf, Peterson and Graham voting aye on roll call vote.

Council Bill #2021-075

Accepting the Bid of K&B Equipment, LLC for the Adjustment of Certain Sewer Utility Access Points; Authorizing the City Administrator to Execute a Contract for Same; and Amending the 2021 Annual Budget to Provide Funding for Same was presented. Cossey explained this ordinance is for a bid award and contract authorization to provide sewer capacity upgrades. Approval would authorize expenditures of funds needed to adjust sewer manhole heights along the East Highway 14 corridor for MoDOT’s highway improvements. The need to adjust the manholes was not known during the preparation of the 2021 budget and so it was not included as a CIP request. During the final preparation of the Highway 14 expansion MoDOT brought the issue to the City’s attention. The low bidder K&B Equipment is currently working on the waterline relocation project on Highway 14. To proceed with the project staff is requesting a budget amendment for $60,000.00 along with the bid award to move forward with the improvements to K&B Equipment. Mayor Steele opened the public hearing for comments, no comments were made, and the public hearing was closed. Mayor Steele called for a motion to approve, and all Council members voted aye. Lucas made a motion to approve Council Bill #2021-075 with Graham seconding and Hoogstraet, Lucas, Orf, Peterson and Graham voting aye on roll call vote.

Council Bill #2021-076

Amending the 2021 Annual Budget to Appropriate Funding for an Outstanding Invoice for Maintenance Work on Water Tower #5 was presented. Assistant City Administrator/Public Works Director Doug Colvin reviewed the history of the maintenance work on Tower #5. In April of 2014 the City solicited bids to complete maintenance and inspection work for Water Tower #5. Utility Services Co. was awarded the bid to complete interior inspection, painting and touch up on the rest of the tower. The contractor completed the work, left the job site but failed to meet the standards the City expects. City crews had to follow up with cleanup such as removing a sand pile left from sandblasting the interior bowl and other job site cleanups. In addition, the Utility Services Co. did not provide an inspection report as required by the contract specifications or an invoice for the work completed. In October 2015 Milton Dickensheet former Water Quality Superintendent had numerous conversations and emailed with the company asking for the report and final invoice in the amount of $43,340.00. Dickensheet also sent a certified letter requesting the report and final invoice. The City carried the funds in the 2015 budget anticipating closure of the project and receipt of the invoice and report, neither of these happened. May 4, 2021, the City received a request from USC for final payment of the outstanding invoice. USC finally sent an invoice dated October 2015 with an after the fact report. The report does not meet the requirements originally set, but the City has been advised to make the payment. Due to this not being carried over in the budget since 2015, staff is requesting a budget amendment for the invoice to close out the file. Hoogstraet asked if an explanation was provided as to why it has taken seven (7) years to receive a bill. Mayor Steele opened the public hearing for comments, no comments were made, and the public hearing was closed. Mayor Steele called for a motion to approve, and all Council members voted aye. Peterson made a motion to approve Council Bill #2021-076 with Hoogstraet seconding and Lucas, Orf, Peterson, Graham and Hoogstraet voting aye on roll call vote.

Resolution #2021-081

Authorizing the City Administrator to Execute a Contract with the Christian County Business Development Corporation of Their Continued Services in Promoting Economic Development within Christian County was presented. Liles provided a brief history of the City’s business relationship with Show Me Christian County. August 2016, the City entered a memorandum of understanding (MOU) with the City of Ozark and Christian County in establishing and operation of Christian County Business Development Corporation now known as Show Me Christian County. The original MOU contained a contribution of funding to SMCC for $25,000.00 per year. In 2020 President/CEO Andrea Sitzes requested an additional investment from the City. The City Council allocated a total of $50,000.00 to be invested into SMCC for 2021 budget year and asked staff to prepare a new agreement with SMCC. Staff has created a one (1) year agreement with SMCC that will include a scope of services to be performed by SMCC. Mayor Steele opened the public hearing for comments, Kent Ward 201 W. State St. asked why the investment for SMCC has doubled. Liles added SMCC is offering more services and with the growth they have had new employees are needed therefore additional funding is required. Russell added money is being spent out of the City’s budget but if a major manufacturer came to this area, it would be beneficial to Christian County as a whole. With no further comments the public hearing was closed. Mayor Steele called for a motion. Peterson made a motion to approve Resolution #2021-081 with Orf seconding and all Council members voting aye.

Resolution #2021-082

Accepting the Bid of D&E Plumbing and Heating, Inc. for Certain Stormwater and Drainage Improvements Located Along Cherry Street and Authorizing the City Administrator to Execute a Contract for Same was presented. Cossey explained the contract with D&E Plumbing and Heating for stormwater improvements from Rice St. to 309 Market St. This was identified as a 2021 CIP, this improvement is the first (1st) phase of a project that will include improvements from Rice St. north through the JTSD campus, under Market St. and ending at 307 N. Market. Future phases will be completed as funding becomes available. The three (3) bids received were from D&E Plumbing, K&B Equipment and Excel Excavating. D&E submitted a low bid of $257,910.00, and if approved funding is available and within the allocated amounts. Mayor Steele opened the public hearing for comments. With no further comments the public hearing was closed. Mayor Steele called for a motion. Graham made a motion to approve Resolution #2021-082 with Hoogstraet seconding and all Council members voting aye.

Liles informed Council staff is working on getting the Home Rule Charter Review Committee back together, an ordinance will be brought back at the next Council meeting. Lucas had been contacted regarding mosquito fogging and was asked if the material used is safe. Lucas has spoken with members of staff regarding the spraying and has been assured it is safe. Lucas wanted the question noted in the minutes so the citizen who contacted him knows that it was discussed at the Council meeting. Colvin provided a brief explanation of the product used for mosquito spraying. Hoogstraet added she is in favor of the City’s mosquito spraying. Mayor Steele added Graham will be presenting her liaison report at the next Council meeting and there is a Nixa vs. Ozark blood drive on August 19th at the Bridge Church. Liles received an update on vaccinations from Dr. Peak, currently 41.4% of Christian County citizens have initiated vaccinations and 34.9% are fully vaccinated. Over the last seven days 1,819 doses have been administered. At 8:47 p.m. Peterson made a motion to move into Executive Session. The City Council is anticipated to hold a closed executive session under section 610.021 RSMo. The session is to be closed pursuant to sections 610.021 (2) & (12) as the discussion related to the leasing, purchase, or sale of real estate and documents and discussion related to a negotiated contract. This closed session, records related thereto, and any votes taken by the Council shall be closed pursuant to section 610.021, particularly sections 610.021 (2) & (12). The Council shall stand adjourned at the end of the executive session with Lucas seconding and Orf, Peterson, Graham, Hoogstraet and Lucas voting aye on roll call vote.

The Council adjourned at the end of the executive session at 9:18 p.m